Independent Commissioner Against Corruption Act 2012 Cements position of New South Australian ICAC
Monday 9 September 2013 @ 8.14 a.m. | Crime | Judiciary, Legal Profession & Procedure
With the commencement of the Independent Commissioner Against Corruption Act 2012 (No. 52) (SA), and as previously reported in TimeBase, South Australia's Independent Commission Against Corruption is officially open for business.
The Office of the Independent Commissioner
The Act establishes the South Australian Independent Commission Against Corruption (ICAC) and its independent commissioner whose functions are to:
- Identify and investigate corruption in public administration, including conducting examinations and conducting joint investigations with other law enforcement agencies where appropriate
- Refer matters for investigation and/or prosecution to other agencies
- Assist inquiry agencies and public authorities to identify and deal with misconduct and maladministration in the public sector
- Give directions or guidance to inquiry agencies and public authorities, and to exercise the powers of inquiry agencies in dealing with misconduct and maladministration in public administration, as the Commissioner considers appropriate
- Evaluate the practices, policies and procedures of inquiry agencies and public authorities with a view to advancing comprehensive and effective systems for preventing or minimising corruption, misconduct and maladministration in public administration
- Conduct and facilitate educational programs to prevent/minimise corruption, misconduct and maladministration.
The primary object of the Commissioner is to:
- investigate serious or systemic corruption in public administration and
- to refer serious or systemic misconduct or maladministration in public administration to the relevant body, giving directions or guidance to the body or exercising the powers of the body as the Commissioner considers appropriate.
Corruption in SA
SA largely has been free of the official corruption which has dogged other states, but has had low-level corruption. The ICAC will act as a deterrent to corruption as much as a body to expose it.
Premier Jay Weatherill noted ICACs in WA, Queensland, Victoria and NSW were triggered by crises, while SA's version "cements our reputation as a clean state that makes decisions for the right reasons".
Triggering an Investigation
State and local government agencies such as police will have a mandatory obligation to report suspicion of corruption in public administration to the Office of Public Integrity (OPI). Other groups and the public can make a complaint in person, in writing, by phone or via the internet.
The OPI will triage the complaints, weeding out frivolous complaints and directing others to the appropriate body such as the Ombudsman.
The most serious allegations of corruption, misconduct or maladministration will go to the ICAC for investigation. Anyone who knowingly makes a false or misleading complaint faces a $10,000 fine and two years' jail.
External Review
Although the hearings of ICAC will be private, there will be an annual review of the operations of the Commissioner and the OPI. The person conducting the review will be appointed by the Attorney-General and must be eligible for appointment as Commissioner. The Commissioner must also prepare an annual report for submission to Parliament.
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